-
INTRODUCTION
This document is an electronic record in terms of Information Technology Act, 2000 and Rules made
there under as
applicable. This electronic record is generated by a computer system and does not require any
physical or digital
signatures.
This document is published in accordance with the provisions of Rule 3(1) of the Information
Technology (Intermediaries
guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and
user
agreement of access
or usage of a website. Here website means www.mindler.com
-
The terms comprised herein are in addition to the term of use of main website
www.mindler.com.
Anyone accepting the
present terms is duty bound and is presumed to have the terms of the main website in
addition to
the present terms.
-
These terms may be changed / updated from time to time solely at our discretion. By
accepting
the terms, you will be
bound by the terms and conditions as mentioned in the EULA herein and that of the main
website
as stated above. You are
required to and responsible for regularly reviewing the EULA to keep yourself updated with
the
changes/ amendments to
the EULA as made by us from time to time. If u continue to access the website subsequent to
such
changes to EULA, you
will be deemed to have accepted and agreed to the said changes.
-
REFERENCE OF TERMS USED IN EULA
The terms used in the present EULA have been defined hereunder:
-
The term ‘CE’ is used through this entire EULA to refer to the Corporate Experience offered
herein by MINDLER.
-
The term ‘USER or YOU or YOUR’ is used through this entire EULA to refer to the any person
who
access the website or who is/are registered at the website for various services provided by
it
(User would include only individual. or as the case may be).
The terms and conditions herein shall apply equally to both the singular and plural form of
the
terms. Whenever the context may require, any pronoun shall include both the corresponding
masculine and feminine form. The terms as defined herein shall also read as such in the
Privacy
Policy as well as the Disclaimer of the Website.
-
ELIGIBILITY
-
Use of the CE is available to all personswho are current residents of India.
-
While accepting the terms of the CE, you represent that you would be using contents of CE
only
if you are a resident in India or/and that you are duly authorized to accept this agreement
and
you have the authority to bind yourself / your business entity to this agreement.
-
Mindler reserves the right to terminate your registration and refuse to provide you with
access
to the Website/CE if it is brought to our notice or if it is discovered that you are using
the
site in violation of the EULA or at its sole discretion without any reason thereof.
-
In the event of student/user being below 18 years of age, the Guardian of such student will
have
to provide approval and for such student and the Guardian shall be presumed to have read the
terms of present EULA and shall be bound by same. In the event it comes to our notice that
you
are below 18 years of age and you do not have the approval from your Guardian, Mindler
reserves
the right to terminate your registration with immediate effect.
-
REGISTRATION OBLIGATION
-
You are responsible for maintaining the confidentiality of your User ID and Password
provided
for use of CE. You are responsible for all the activities that occur under your User ID and
Password. You agree, inter-alia, to;
-
Provide true, accurate, current and complete information about yourself as prompted
by
CE registration form (both personal and professional information), maintain and
promptly
update the Registration Data to keep it true, accurate, current, and complete at all
times;
-
You must immediately notify us of any unauthorized use of your password or account
or
any other breach of security, and;
-
ensure that you exit from your account at the end of each session.
-
If you provide any information that is untrue, inaccurate, not current, or incomplete or
Mindler
has reasonable grounds to suspect that such information is untrue, inaccurate, not current
or
incomplete, or not in accordance with this Agreement, Mindler has the right to indefinitely
suspend or terminate or block access of your registration with the website.
-
Under no circumstance will you have any right or authority to download, copy, screenshot or
otherwise use any content of the CE (whether of Puma or Mindler) that is provided to you/
you
may have access to during and/ or after the course of the CE. In the event Mindler and/ or
Puma
becomes aware a breach of this Clause 4 (Registration Obligation) your registration for the
CE
shall immediately stand terminated without any obligation to offer any explanation.
-
Neither Mindler nor Puma shall not be liable for any loss or damage arising from your
failure
to comply with this Clause.
-
ELECTRONIC REGISTRATION AND COMMUNICATION
When you use the Website or send emails or other data, information or communication to Mindler,
you
agree and understand that you are communicating with Mindler through electronic records. You
consent
to receive communications from us electronically. We will communicate with you by email or by
posting notices on the Website or through any other Mindler services.
-
DESCRIPTION OF SERVICES
-
The Corporate Experience is an educational product. All conversations, role-plays,
simulations, gamified tasks, quizzes, data, analytics, numbers, references to companies,
videos,
etc. are completely fictitious. Any resemblance to any conversations, role-plays,
simulations,
gamified tasks, quizzes, data, analytics, numbers, references to companies, videos, etc. is
purely coincidental. The sole purpose of the Corporate Experience is to provide a simulated
experience to students to build relevant skills
-
The Corporate Experience is only a simulated educational experience for the user. Enrolment
with CE in no way, guarantees any employment or internship with MINDLER or PUMA or any other
Company listed under the Corporate Experience program.
-
By entering into the present agreement, you accept that you are using the services rendered
at
Mindler at your sole discretion without any undue influence of the Mindler and at your sole
responsibility (under supervision of guardian in case of minors).
-
You further agree to ensure that you will ensure that you avail the services with due care
and
due diligence and as per the terms & conditions of the EULA and the respective service you
are
availing.
-
FEES
-
Mindler shall charge the fee for the services provided as per the structure provided on the
website. By using the services which are subject to payment, as mentioned therein, you
accept to
pay for the same before using the services.
-
You further undertake not to raise any dispute qua the fee charged for the services in any
manner whatsoever as you have agreed to the same out of free will and without any undue
influence.
-
You further undertake that you have read the Terms & Conditions of the Payment that are
prompted when you move towards payment of the paid services and have accepted the same
before
making the payment.
-
Mindler uses third party payments providers to receive payments from user. Mindler is not
responsible for delays or erroneous transactions execution or cancellation of orders due to
payment issues. Mindler takes utmost care to work with 3rd party payment providers, but does
not
control their systems, processes, technology and work flows, hence cannot be held
responsible
for any fault at the end of payment providers.
-
The fee to be charged by Mindler from users shall be decided solely by Mindler and the
user/s
shall have no right/say to interfere in the same.
-
TAXES
You agree to bear all applicable taxes, charges cess etc. levied on the services being rendered
to
you as notified by the Central/State Govt. time to time, unless already included in the price
offered.
-
REFUND POLICY
The CE is aimed at enhancing the educational experience of students and acts as a bonafide guide
to
the user and the services are rendered as soon as availed, therefore there is no provision for
refund of fee paid by the User/s. The user/s is therefore deemed to have understood and accepted
that once the fee is paid to the Mindler as per the services availed, there shall be no refund
of
the said Fee.
-
TERM AND TERMINATION OF THE USE OF CE
-
The Contract against consideration for the services shall be strictly in terms of the
services
availed and shall end as soon as the services are rendered.
-
Mindler is entitled to terminate the contract at all times and with immediate effect (by
disabling your use of the Website and the Service) if you;
-
Violate or breach any term of this EULA, or
-
the opinion of Mindler, misuse the Website or Service, or
-
At the sole discretion of the Mindler for which Mindler is under no obligation to
assign
any reason
Mindler is not obliged to give prior notice of the termination of contract.
-
INTELLECTUAL PROPERTY OWNERSHIP
-
Mindler or PUMA alone (as the case may be) shall own all right, title and interest,
including
all intellectual property rights, in and to their respective name, logo, title, CE material,
CE
content Website and Service and any suggestions, ideas, enhancement requests, feedback,
recommendations or other information provided by you or any other party relating to the
Website
or the Service.
-
You may not use, copy, adapt, modify, create derivative works from, distribute, license,
sell,
transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or
otherwise exploit the Website, Service or Collective Content, except as expressly permitted
by
Mindler and/ or Puma. You may not use any Collective Content without first obtaining the
written
consent of Mindler and/ or Puma.
-
No licenses or rights are granted to you by implication or otherwise under any intellectual
property rights owned or controlled by Mindler and Puma or their respective licensors,
except
for the licenses and rights expressly granted in this Agreement.
-
This EULA does not constitute a sale and does not convey to you any rights of ownership in
or
related to the Website, or any intellectual property rights owned by Mindler and/ or Puma.
Mindler and Puma’sname, logo, and the product names associated with the Website and the
Service
are trademarks of Mindler and Puma respectively, its affiliated companies or third parties,
and
no right or license is granted to use them. In the event you use any or Minder or Puma’s
name,
logo, trademark, CE material etc., without the prior written consent of either Minder or
Puma
(as the case may be), your registration for this CE shall stand terminated with immediate
effect
-
WEBSITE LICENSE
-
Subject to your compliance with these EULA, Mindler grants you a limited non-exclusive,
non-transferable license for the use of the CE.
-
You shall not indulged in any of the activities as prohibited by EULA of the website.
-
Mindler will have the right to investigate and prosecute violations of any of the above to
the
fullest extent of the law. Mindler may involve and cooperate with law enforcement
authorities in
prosecuting users who violate these User Terms.
-
You acknowledge that Mindler has no obligation to monitor your access to or use of the
Website, Service or Collective Content or to review or edit any Collective Content, but has
the
right to do so for the purpose of operating the Website, to ensure your compliance with
these
User Terms or to comply with the applicable law or the order or requirement of a court,
administrative agency or other governmental body.
-
Mindler reserves the right, at any time and without prior notice, to remove or disable
access
to any Collective Content that Mindler, at its sole discretion, considers to be in violation
of
these User Terms or otherwise harmful to the Website, the Service or Website.
-
INDEMNITY
-
You confirm that you shall be responsible for any damage that may be caused to Mindler and/
or
Puma for wrongful use of the CE or its content by you including but not limited to
Intellectual
property Violations/Breach of terms & Conditions of EULA or in any manner as the case may
be.
-
By accepting User Terms and using the CE, you agree that you shall defend, indemnify and
hold
Mindler and Puma, their respective affiliates, third- parties and their respective
shareholders,
officers, directors, agents, and employees, form any losses, liabilities, damages, costs and
expenses, claim or demand, or actions including reasonable attorneys’ fees asserted against
or
incurred by Mindler and/ or Puma, made by any third party arising out of or in connection
with:
-
Your violation or breach of any term of these User Terms or any applicable law or
regulation, whether or not referred herein;
-
Your violation of any rights of any third party, including experts arranged via the
Website, or
-
Your use or misuse of the Website or Services
-
LIABILITY
-
The information, recommendations and/ or services provided to you on or through CE, is for
general information purposes only as bonafide guidance and does not constitute any
commitment of
performance of user in any manner.
-
The users must understand and acknowledge that CE does not present a scientific approach to
career decision-making. There are other means and ways to obtain requisite guidance; users
must
exercise discretion.
-
The conversations, role-plays, simulations, gamified tasks, quizzes, data, analytics,
numbers,
references to companies, videos, etc. offered by CE are made bearing in mind various factors
including but not limited to users’ age and hence have been simplified to cater to your
needs.
The information disseminated is not exhaustive and should not be misconstrued as the same.
-
Mindler will reasonably keep the contents of CE up to date but does not guarantee that (the
contents of) the Website are free of errors, defects, malware and the viruses of that the
Website are correct, up to date and accurate.
-
Mindler endeavors to render the utmost quality of the services rendered, however shall not
be
liable in any manner for any interruption in service for any reasons whatsoever.
-
LIMITATION OF LIABILITY
-
In no event shall Mindler be liable for the amount more than that received by the Mindler
from
complainant user/s for any direct, indirect, incidental, special, incidental, consequential
or
exemplary damages including but not limited to damages for non admission/performance/loss of
goodwill, use, data or other intangible losses arising out of or in connection with the CE,
its
services or this agreement( however arising, including negligence)
-
Mindler assumes no liability whatsoever for any monetary or other damage suffered by you on
account of:
-
The delay, failure, interruption, or corruption of any data or other information
transmitted in connection with use of the Website;
-
Any interruption or errors in the operation of the Website.